ML20151Q670

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $75,000.Violations Noted:Operating Procedure OP-17 Not Fully Implemented on 880511,in That Valve Used in Throttled Position During Shutdown Cooling Mode

ML20151Q670
Person / Time
Site:	Brunswick
Issue date:	07/25/1988
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20151Q668	List: ML20151Q666 ML20151Q670
References
EA-88-131, NUDOCS 8808110248
Download: ML20151Q670 (5)

Text

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JUL 2 51988 NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Carolina Power & Light Company Docket No. 50-324 Brunswick Steam Electric Plant License No. OPR-62 Unit 2 EA 88-131 During the Nuclear Regulatory Comission (NRC) inspection conducted on April 1-30 and May 1 - June 3, 1988, violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforce-ment Actions," 10 CFR Part 2, Appendix C (1988), the Nuclear Regulatory Commis-sion proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The violations and associated civil penalty are set forth below:

A. Technical Specification (TS) 3.0.4 states that entry into an OPERATIONAL CONDITION or other specified applicability state shall not be made unless the conditions of the Limiting Condition for Operation are met without reliance on provisions contained in the ACTION statements unless otherwise excepted.

TS 3.5.3.2 requires in Operational Conditions 1, 2, and 3 that two indepen-dent low pressure coolant injection (LPCI) subsystems of the residual heat removal (RHR) system be OPERABLE with each subsystem comprised of two pumps and an OPERABLE flow path capable of taking suctiJn from the suppres-sion pool and transferring the water to the reactor pressure vessel.

TS 3.6.1.1 requires in Operational Conditions 1, 2 and 3 that primary containment integrity be maintained.

TS 3.6.1.3 requires in Operational Conditions 1, 2 and 3 that the primary

, containment air lock be OPERABLE with: (1) both doors closed except when ;

g the air lock is being used for normal transit entry and exit through the containment, then at least one air lock door shall be closed; and (2) an 1

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j on overall air lock leakage rate of less than or equal to 0.05 L, at Pa '

g 49 psig.

$5 Contrary to the above, at 4 35 a.m. on April 26, 1988, Unit 2 entered gg Operational Condition 2 when the unit's mode switch was placed in the w "startup/ hot standby" without RHR Division II being aligned for automatic 5 LPCI initiation, without primary containment integrity being established, gg and with the primary containment air lock doors open.

m a. o l B. Technical Specification 6.8.1.a requires that written procedures shall be i implemented for applicable procedures recomended in Appendix A of I Regulatory Guide 1.33, November 1972. Appendix A requires operating procedures for the RHR system. Operating Procedure, OP-17, RHR System Operating Procedure, Revision 76, implements this requirement and requires that the RHR heat exchanger outlet valve (E11-F003A) be either in the fully open or closed position during the shutdown cooling mode.

Notice of Violation 2 JUL 2 51988 Contrary to the above, OP-17 was not fully implemented on May 11, 1988, in that valve EN-F003A was used in a throttled position during the shutdown cooling mode on Unit 2.

C. TS 3.3.1 requires, as a minimum, that the reactor protection system (RPS) instrumentation channels shown in TS Table 3.3.1-1 be operable. Accord-ingly, notation "bd of TS Table 3.3.1-1 requires that while in Operational Condition 5, "shorting links" be removed from the RPS circuitry prior to and during the time any control rod is withdrawn.

Contrary to the above, from 3:50 a.m. until 7:48 p.m. , on March 8,1988, with the reactor in Operational Condition 5, Unit 2 control rod 10-39 was in the fully withdrawn position and the shorting links were not removed from the RPS circuitry.

Collectively, these violations have been categorized as a Severity Level III problem (Supplement I).

Cumulative Civil Penalty - $75,000 (Assessed equally amoung the violation).

Pursuant to the provisions of 10 CFR 2.201, Carolina Power and Light Company (licensee) is hereby required to submit a written statement or examination to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation" and should include [for each violation]:

(1) admission or denial of the violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps which will be taken to avoid further viola-tions, and (5) the date when full compliance will be achieved. If an adequate l reply is not received within the time specified in this Notice, an order may be l issued to show cause why the license should not be modified, suspended, or I revoked or why such other action as may be proper should not be taken. Con- l sideration may be given to extending the response time for good cause shown.

Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the licensee may pay the civil penalty by letter addressed to the l Director, Office of Enforcement, U.S. Nuclear Regulatory Connission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Connission. Should the licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may: (1) deny the violations listed in this Notice in whole

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Notice of Violation 3 JUL 2 51988 or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988), should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay the penalty due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.

The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, DC 2059, with a copy to the Regional Administrator, Region II and a copy to the NRC Resident Inspector at the Brunswick Steam Electric Plant.

FOR THE NUCLEAR REGULATORY COMMISSION J. Nelson Grace Regional Administrator Dated at Atlanta, Georgia this day of July 1988 1

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2 U 000 DISTRIBUTION:

bec w/ encl:

GMC Resident inspector DRS, Technical Assistant Document Control Der.k State of North Carolina PDR LCA, Y

LSE) cf. Taylor, DEDR0 LKliebennan, OE

( Goldberg, OGC '

J. N. Grace, RII Enforcement Co'ordiq3 tors' RI, RI), RIII, RIV, RV

[G.Jenkins,RIT

. Purley, NRR cf( ingram, PA cEr Jordan, AE00 eB diayes, 01  :

S<'Connelly, OI A J. Luehman, Or (OF' File (3 copies = .rhd)

EDO Rdg File DCS 1

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Enclosures:

1. Proposed Letter

2. Draft NOV and Proposed Imposition of Civil Penalty 1

3. Reference Package cc w/encis:

J. Liebennan, OE d Miraglia, NRR l/ Chandler, OGC cp w/encls 1 and 2 l I

W irector, EICS, RIII Allegationfjoo(ptfiator[

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Regions I, IV, and v i

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RII Y RII RII RIbg Mdk Fredrickson LReyes R dard G en ns 88 6/q/88 6/3o/88 y/ /88 y/(o/88 RII M nst n /88 NOT FOR PUBLIC DISCLOSURE WITHOUT HE APPROVAL OF THE DIRECTOR OF ENFORCEMENT

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